{"id":15757,"date":"2018-03-21T06:26:03","date_gmt":"2018-03-21T06:26:03","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=15757"},"modified":"2018-12-10T22:24:44","modified_gmt":"2018-12-10T22:24:44","slug":"notorious","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=15757","title":{"rendered":"open and notorious possession – possession of real property that is so conspicuous its considered as sufficient notice to a reasonable landowner that their land is subject to an adverse user (adverse possession)"},"content":{"rendered":"

\u00a0 \u00a0 \u00a0This page is continued from Tenancy<\/a> >>>> Possession<\/a> >>>> Adverse Possession<\/a>:<\/span><\/strong><\/p>\n

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Notice: <\/strong><\/span>This page contains definitions for “notorious<\/span>,”\u00a0“open and notorious<\/span>,” “open and notorious possession<\/span>,” and “notorious possession<\/span>.”<\/strong><\/span><\/span><\/p>\n

open and notorious possession:
\n<\/span><\/span><\/strong>(18c)<\/span><\/span><\/p>\n

1. Possession or control that is evident to others; possession of property that, because it is generally known by people in the area where the property is located, gives rise to a presumption that the actual owner has notice of it.\u00a0 *\u00a0 Notorious possession is one element of adverse possession.\u00a0<\/span><\/strong>\u2014 aka<\/span> open\u00a0<\/em><\/span><\/strong>possession<\/i><\/b><\/span><\/span>; <\/b><\/span>notorious\u00a0<\/em>possession<\/i><\/b><\/span><\/span>.\u00a0<\/b><\/span><\/span>[1]<\/span><\/span><\/p>\n

1. Possession evidenced by such acts and conduct as are sufficient to put a man of ordinary prudence on notice of the fact that the land in question is held by the claimant his his own. 3 Am J2d Adv P \u00a7 47<\/span>.<\/span><\/strong><\/p>\n

Possession of such openness as that the owner’s knowledge of it and of the extent of it may be presumed.<\/span> Watrous v Morrison<\/em>, 33 Fla 261, 278<\/span>.<\/strong> [2]<\/span><\/p>\n

1.<\/strong> See\u00a0notorious possession<\/strong><\/span>.\u00a0<\/em>[3]<\/span><\/p>\n

open and notorious<\/span> –\u00a0<\/span><\/strong>adj<\/em>. (15c)<\/span>\u00a01. (Of the possession of property) so conspicuous as to impute notice<\/a> to the true owner. <\/span><\/strong>\u2014 aka (in sense 2)<\/span> open and notorious. [1]<\/span><\/strong><\/p>\n

1. Acts upon the land of another which are not in secret but of such a character as to be well calculated to notify<\/a> the owner of the use made by such acts. 56 Am J1st Wat \u00a7 326<\/span>.\u00a0\u00a0<\/span><\/strong>[2]<\/span><\/p>\n

1. A phrase applied to a number of concepts and terms in the law, which refers to acts that are deliberately not concealed and that are conspicuous and a matter of public knowledge.\u00a0 Thus, for EXAMPLE, <\/b>open and notorious possession<\/em> means conduct <\/b>sufficient<\/b><\/span><\/span>\u00a0to put a person of ordinary prudence on notice<\/a> that his land is the subject of an adverse user<\/a> or adverse possession<\/a>; and open and notorious adultery refers to a man and woman openly engaged in adultery or fornication, or openly living together outside marriage.<\/b> [3]<\/span><\/span><\/span><\/p>\n

notorious possession<\/span> –<\/span><\/strong>\u00a0<\/span>The<\/span> possession of real property<\/a> in a clearly defined and open manner. 25 Am J2d Eject \u00a7 43<\/span>.\u00a0<\/span><\/strong>[2]<\/span><\/p>\n

notorious<\/span> –<\/strong>adj. (15c)\u00a01. (Of the possession of property) so conspicuous as to impute notice<\/a> to the true owner.<\/strong> \u2014 aka (in sense 2) open and notorious. [1]<\/span><\/p>\n

1. Well known; a matter of public knowledge.<\/strong> [3]<\/span><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is compiled in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]: Black’s Law Dictionary <\/a><\/span><\/strong>Deluxe<\/b><\/span><\/a><\/em> Tenth<\/b><\/span><\/a><\/em> Edition<\/b><\/span><\/a><\/em> by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4 <\/span><\/strong><\/p>\n

[2]: Ballantine\u2019s Law <\/a><\/span><\/strong>Dictionary\u00a0<\/b><\/span><\/a><\/strong>with<\/b><\/span><\/a><\/em> Pronunciations<\/b><\/span><\/a><\/em> Third Edition<\/a>\u00a0by James A. Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/span><\/strong><\/p>\n

[3]:\u00a0\u00a0Ballantine\u2019s Law Dictionary <\/a><\/span><\/strong>Legal<\/b><\/span><\/a><\/em> Assistant<\/b><\/span><\/a><\/em> Edition<\/b><\/span><\/a><\/em>
\nby Jack Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Doctored<\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/span><\/strong><\/p>\n

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